Legal Opinion · Dissent

Farry v. Ward

Appellate Division of the Supreme Court of the State of New York

Decided February 24, 1987Published

1Dissent

Sandler, J. (dissenting).

The facts developed at the departmental hearing are comprehensively set forth in the court’s opinion, although in some respects the manner of their presentation seems to me to obscure the reality of the events. In my opinion, the determination of the Assistant Commissioner of Trials (ACT) that petitioner had participated with other police officers in the theft of property at the Rosenstock Oldsmobile dealership following a burglary earlier on the same morning is supported by substantial evidence. After a careful study of the record, I see very little basis for the…

2Cases cited4 opinions

  1. Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
  2. Collins v. CoddNew York Court of Appeals · 1976
  3. Sierra v. McGuireAppellate Division of the Supreme Court of the State of New York · 1983
  4. Sierra v. McGuireNew York Court of Appeals · 1983

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